WSR 09-01-190

PROPOSED RULES

WASHINGTON STATE UNIVERSITY


[ Filed December 24, 2008, 10:05 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-21-142.

     Title of Rule and Other Identifying Information: Update the rules regarding registered student organizations. Includes amendments to WAC 504-28-010, 504-28-020 and 504-28-050, and repeal of WAC 504-28-030.

     Hearing Location(s): Lighty 405, WSU Pullman, Pullman, Washington, on February 5, 2009, at 4:00 p.m.

     Date of Intended Adoption: March 27, 2009.

     Submit Written Comments to: Ralph Jenks, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail jenks@wsu.edu, fax (509) 335-3969, by February 5, 2009.

     Assistance for Persons with Disabilities: Contact Deborah Bartlett, (509) 335-2005, by February 5, 2009.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Update the rules and language regarding registered student organizations, to accommodate a multi-campus system, and to clarify requirements for participation and membership in such organizations.

     Reasons Supporting Proposal: To modernize and bring the rules into conformance with current practices.

     Statutory Authority for Adoption: RCW 28B.30.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington State University, public.

     Name of Agency Personnel Responsible for Drafting: Terry A. Boston, Sr., Executive Director, Streit Perhm 151a, Pullman, WA 99164-1722, (509) 335-8155; Implementation and Enforcement: Lucila Loera, Dean of Students, Lighty SVS 360, Pullman, WA 99164-1066, (509) 335-5757.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

     A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.

December 24, 2008

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-2095.1


AMENDATORY SECTION(Amending WSR 95-07-046, filed 3/8/95, effective 4/8/95)

WAC 504-28-010   Student organizations.   (1) ((Recognition process)) Registration.

     (a) ((Recognition.)) The university ((recognizes)) registers a wide variety of student ((groups)) organizations to facilitate the diverse interests of the student body. Attendant to ((recognition, groups)) registration, organizations are granted certain privileges and assume certain responsibilities as set forth in these rules. ((Recognition)) Registration in no way implies that the university plans, organizes, or sanctions any particular activity or policy of a student ((group)) organization. The term registration as it applies to student organizations in this chapter has the same meaning as the term recognition as used with respect to student organizations in chapter 504-26 WAC.

     (b) ((Union board. The union board recommends and reviews policies pertaining to all student organizations. Based on those policies the associate director, activities and recreational sports, determines whether or not it is appropriate that the university recognize a particular organization. The board serves as an appeal body.)) Pursuant to established policies, the university department responsible for student affairs makes student organization registration determinations.

     (2) Membership in organizations.

     (a) Full membership in student organizations ((will be)) is restricted to enrolled graduate and undergraduate students at Washington State University.

     (b) Faculty and others may participate as honorary or associate members ((())at the option of the ((group))) organization, as specified in the ((group's)) organization's constitution.

     (c) Only a full member((s)) may be eligible to vote on matters of business or hold an elective office in the organization.

     (((3) Obtaining recognition for organizations.

     (a) To become an approved student organization, recognition must be granted by the associate director, activities and recreational sports, or the union board. Contact the activities/recreational sports office, CUB 337.

     (b) Before requesting recognition, the group should hold a meeting of interested persons to draft a constitution, elect officers, and select an advisor. Constitutions normally include:

     (i) Name of the organization.

     (ii) Purpose and objectives.

     (iii) Qualifications for membership.

     (iv) Sources of financial support (e.g., dues, initiation fees, local and national aid, and financial projects).

     (v) Description of offices including qualifications, duties and method of election.

     (vi) National-local affiliations and any financial obligation (to an affiliate) resulting therefrom.

     (vii) Parliamentary authority and method of amending the constitution.

     (viii) Adoption and amendment procedures.

     (ix) A description of the organization's safety program.

     (x) Responsibilities of the advisor.

     (c))) (d) Washington State University ((will)) does not ((recognize)) register any student organization which directly or indirectly denies membership to any student because of race, religion, sex, color, national or ethnic origin, age, marital status, sexual orientation, gender identity/gender expression, veteran status or disability except that the permissibility of a single-sex organization ((will be)) is evaluated in ((accord)) accordance with Title IX guidelines. ((Recognized)) Registered student organizations must ((insure)) ensure that additional policies and procedures do not create de facto differentiation. Student organizations that select their members based on commitment to a creed or a set of beliefs (e.g., political or religious beliefs) may limit full membership and participation privileges to eligible individuals who, upon individual inquisition, affirm that they agree with the organization's beliefs and support the organization's goals; so long as no eligible individual is excluded from membership and participation on the basis of race, religion, sex, color, national or ethnic origin, age, marital status, sexual orientation, gender identity/gender expression, veteran status, or disability except that the permissibility of a single-sex organization is evaluated in accordance with Title IX guidelines.

     (((d))) (e) Students who ((feel)) believe they have been denied membership in violation of (((c) of this)) subsection (2)(d) of this section may appeal to the ((union board)) director of the university department responsible for student affairs.

     (((e))) (f) Washington State University ((shall)) does not ((recognize)) register a student ((group)) organization if ((recognition)) registration would violate local, state, or federal law.

     (((4))) (3) Requirements and responsibilities of ((recognized)) registered student organizations.

     (a) Officers of ((organizations)) each organization are responsible for seeing that ((the)) their organization abides by university rules and regulations((,)) concerning scheduling, financial projects, advertising, and other policies ((of the union board)) applicable to their respective campus as established by the department responsible for student affairs.

     (b) ((Recognized)) Registered student organizations must have an advisor (see WAC 504-28-020 Advisors).

     (c) Registered student organization funds must be deposited into a ((faculty, student, and alumni)) registered student organization account ((in the controller's office, which acts as a free banking service)) with the university. The university financial services office assists registered student organizations in establishing accounts and processing transactions.

     (d) Each registered student organization must keep the following records ((must be kept)) current ((in)) with the ((activities/recreational sports office)) university department responsible for student affairs:

     (i) Constitution and bylaws.

     (ii) Officer roster card.

     (iii) Student organization report (((forms available in the activities/recreational sports office);)) including activities, accomplishments, and financial status.

     (iv) ((Special)) Student event registration forms.

     (((5))) (4) Privileges of ((recognized)) registered student organizations.

     (a) ((Recognized)) Registered student organizations have the right to sponsor on-campus activities that comply with university rules, policies, and guidelines.

     (b) ((Recognized student organizations may use university facilities and services through appropriate scheduling offices.

     (c) The activities/recreational sports office staff is available to serve approved organizations in all areas of concern.

     (d) Free banking service is provided to approved organizations through faculty student alumni accounts.)) The university department responsible for student affairs assists registered student organizations in understanding and complying with university rules and policies.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-046, § 504-28-010, filed 3/8/95, effective 4/8/95. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. 87-12-013 (Order 87-1), § 504-28-010, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. 80-07-015 (Order 80-2, Resolution No. 6/80-15), § 504-28-010, filed 6/11/80; Order 77-2, § 504-28-010, filed 8/3/77; Order 75-1, § 504-28-010, filed 7/7/75, effective 9/1/75; Order 73-5, § 504-28-010, filed 8/1/73; Order 5, § 504-28-010, filed 9/26/72; Order 3, § 504-28-010, filed 8/5/71.]


AMENDATORY SECTION(Amending WSR 95-07-046, filed 3/8/95, effective 4/8/95)

WAC 504-28-020   Advisors to ((recognized)) registered student organizations.   (1) Advisors are members of the Washington State University faculty ((or)), staff, or graduate students ((whom)) serving in current graduate assistantships who are chosen by the student members ((choose)) and whose interest in the ((group)) organization indicates that they would judiciously advise the organization concerning its goals, purposes, and procedures. Advisors guide the ((group)) organization in accordance with the purposes and ideals of the university and the organization. ((They)) Advisors do not directly control the ((group's)) organization's programs and activities.

     (2) Advisors assist the ((union board to implement the)) university department responsible for student affairs in implementing policies for student organizations.

     (3) Advisor responsibilities may include the following:

     (a) Attending the organization's meetings.

     (b) Assisting in planning the organization's program.

     (c) Supervising the handling of funds and approving all expenditures and contracts.

     (d) Assisting in arranging for university facilities and equipment.

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-046, § 504-28-020, filed 3/8/95, effective 4/8/95. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. 87-12-013 (Order 87-1), § 504-28-020, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. 80-07-015 (Order 80-2, Resolution No. 6/80-15), § 504-28-020, filed 6/11/80; Order 77-2, § 504-28-020, filed 8/3/77; Order 5, § 504-28-020, filed 9/26/72; Order 3, § 504-28-020, filed 8/5/71.]


AMENDATORY SECTION(Amending WSR 95-07-046, filed 3/8/95, effective 4/8/95)

WAC 504-28-050   Financial projects.   (1) Definition.

     (((a))) A financial project is any approved activity of a registered student organization which is undertaken to raise funds and/or to defray expenses. Projects may be for the benefit of organizations themselves or for charity groups.

     (2) Approval.

     (a) The ((union board and/or its designated representative has been given the responsibility of approving all)) registered student organization must obtain advice from the university department responsible for student affairs on financial projects ((so that the following services can be provided)) in the following areas:

     (i) Planning advice((.));

     (ii) Advertising and publicity assistance((.));

     (iii) Facility and equipment arrangements((.)); and

     (iv) Consumer protection.

     (b) The financial projects requested and the proposed budget must be completed, approved, and filed with the ((activities/recreational sports office)) university department responsible for student affairs in advance of the proposed date using the ((special events)) student event registration form. Forms are available ((in the activities/recreational sports office)) at the university department responsible for student affairs.

     (c) For approval, the organization must have funds on hand to cover ((100%)) 100 percent of the estimated expenses of a proposed financial project.

     (d) Projects involving films are subject to additional ((union board)) student affairs policies. Copies of the policies are available in CUB scheduling and the ((activities/recreational sports office)) university department responsible for student affairs.

     (e) Scholarship fund projects must be administered in accordance with university policy governing such funds. Sponsoring organizations may reserve the right to select recipients and to establish the amount of grants in accordance with policies of the ((student)) university and the financial ((aids)) aid office.

     (f) ((Financial projects involving tables in the west entrance of the CUB, on the mall, or on the library plaza must be approved using the special events form. The forms may be picked up in the activities/recreational sports office. After approval the table requests are taken to scheduling to reserve a table. There shall be only one table per organization, available on a first-come, first-served basis.

     (g))) Raffles are subject to state law. ((Contact the activities/recreational sports office)) Registered student organizations should contact the university department responsible for student affairs for current regulations.

     (((h) Retailing)) (g) Retail sales of student classroom books, supplies, and equipment by university departments, personnel, registered student organizations, or students on ((the)) a WSU campus is prohibited.

     (3) Additional requirements.

     (a) ((All advertising and publicity for each project must include:

     (i) The name of the sponsoring organization.

     (ii) The product or service being sold.)) Student organizations are required to comply with university facilities use rules and policies in order to use university facilities for commercial and charitable uses associated with financial projects.

     (b) ((Any distributing, soliciting or selling must be done without individuals hawking or shouting.

     (c))) An organization seeking approval to sell a ((product)) good or service must provide proof of ownership prior to approval.

     (((d) Individual students wishing to sell goods on campus must contact the director of the Compton Union Building.))

[Statutory Authority: RCW 28B.30.150, 28B.30.095 and 28B.30.125. 95-07-046, § 504-28-050, filed 3/8/95, effective 4/8/95. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150 and chapter 28B.19 RCW. 87-12-013 (Order 87-1), § 504-28-050, filed 5/26/87. Statutory Authority: RCW 28B.30.125 and 28B.30.150. 80-07-015 (Order 80-2, Resolution No. 6/80-15), § 504-28-050, filed 6/11/80; Order 75-1, § 504-28-050, filed 7/7/75, effective 9/1/75; Order 73-5, § 504-28-050, filed 8/1/73; Order 5, § 504-28-050, filed 9/26/72; Order 3, § 504-28-050, filed 8/5/71.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 504-28-030 Scheduling of events.

© Washington State Code Reviser's Office